A contract for the execution of work confers on the contractor not only the duty to carry out the work but the corresponding right to be able to complete the work which it contracted to carry out… contracts contain provisions to enable the employer to vary the work in order
Contracts are tools to help you do business, and in that sense, you (rather than a lawyer) might be the perfect person to write your own contract. This might seem counter-intuitive coming from a contract specialist, who helps companies to write their own contracts. When I work with clients, I
There isn’t one way to draft a contract or legal document, whatever you may have been told. These tips will help you create a better contract. Any Format In England/Wales, there is no specific format or style or content for most contracts. It doesn’t even have to be written down.
Since 1977 lawyers have talked about the importance in contract formation of the ‘battle of the forms’. What is this and how does it affect you if you are in business? What is ‘the battle of the forms’? Lord Denning coined the phrase ‘battle of the forms’ in Butler Machine
The Government Construction Strategy 2025 set out a blueprint of how to create a modern, effective and sustainable construction industry. It’s aim was – through initiatives, policy and legislation – to ensure that: “Construction in 2025 is no longer characterised, as it once was, by late delivery, cost overruns, commercial
According to Tony Bingham, the case of West v Finlay [2013], provides “a superb set of guidance notes for every architect.” Despite the case’s length (nearly 400 paragraphs) he recommended in his column that every architect should “go chapter and verse through this case to learn the lessons.” To save
Back in 2012, as part of my research into how to write a contract in just 500 words, I developed my set of minimum requirements for construction contracts. Rather than start with a contract and edit madly, I started with a blank sheet of paper and worked out what I
Liquidated (or delay) damages are pre-set damages (listed in the contract) which make it simpler and quicker to recover compensation when the other party to the contract defaults or commits a breach. One such example is the notice from a hotel chain to charge £100 if a guest smokes in
In order to avoid technical defences to an agreed level of damages (liquidated damages), you should concentrate on making sure the purpose of the clause is made really clear. Compensation In Lorsdvale v Zambia, the question whether the amount was a penalty or a genuine pre-estimate was based on: “whether
Contracts should help you do business. But we have to be realistic. Change happens. Risk events occur. Humans are fallible. Most contracts do not anticipate ‘failure’ in stark terms. However, not every project will be a success, especially those which are on the edges of what is currently possible. Is